A NEW REGULATION FOR FILING AND ENDORSEMENT OF AFFIDAVIT OF USE/NON-USE IN CAMBODIA 2020

CategoriesLegal News

Our Reference: Newsletter No.01/KH/2020

TO OUR CLIENTS & ASSOCIATES

 

A NEW REGULATION FOR FILING AND ENDORSEMENT OF  AFFIDAVIT OF USE/NON-USE IN CAMBODIA 2020

 

As stipulated in Cambodia, after the mark is granted Registration Certificate, the trademark owner shall file an Affidavit of Use/Non-use within one (01) year following the 5th anniversary of the date of registration to avoid cancellation of the trademark registration by a third party.

Recently, the Department of Intellectual Property of Cambodia (DIP) has made some amendments on necessary documents for filing Affidavit of Use/Non-use, and on endorsement of the Affidavit of Use/Non-use, particularly:

 

  1. Necessary documents for filing Affidavit of Use/Non-use

The compulsory documents for filing the Affidavit of Use/Non-use according to NEW requirements include:

– An original notarized Power of Attorney (copy of general POA in previous cases shall be accepted);

– A scanned copy of the latest certificate of the trademark registration, in which the latest certificate means the Registration Certificate or the latest Renewal Certificate;

– Evidences of use (in case the status of use indicated), which can be a packing list, a commercial invoice, pieces of ads, or pictures of the products bearing the mark taken in any stores in Cambodia, etc. 02 or 03 evidences of use for each mark are sufficient.

 

  1. Endorsement of the Affidavit of Use/Non-use

After the Affidavit of Use/Non-use is filed with the DIP in prescribed time and if it meets the requirements as stipulated, the DIP will issue a Notice of acceptance of the Affidavit of Use/Non-use.

Should you have any inquiries on this matter, please do not hesitate to contact us via our address e-mail trademark@investip.vn.

Yours Sincerely,

Cao Hong Giang

Trademark and Patent Attorney